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News in Brief
Article • May 15, 2025 • from CLN June, 2025
Filed under: News in Brief
News in Brief by Alabama: On March 31, 2025, in State of Alabama v. Mac Marquette, Morgan County Circuit Judge Charles Elliott denied former Decatur Police Department officer Marquette’s motion for self-defense immunity in the fatal shooting of Steve Perkins. According to the Associate Press, the denial depended legally on …
Lake v. CoreCivic, Inc.,MT, Verdict, Failure to Protect, 2025
Brief • April 24, 2025
Filed under: Failure to Protect (General)
Lake v. CoreCivic, Inc.,MT, Verdict, Failure to Protect, 2025 Case 4:21-cv-00116-BMM Document 102 Filed 04/24/25 Page 1 of 2 IN THE UNITED STA TES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION No. 4:21-CV-00116-BMM NATHANIEL LAKE, Plaintiff, VERDICT FORM v. CORECIVIC, INC. d/b/a CROSSROADS CORRECTIONAL CENTER, Defendant. We, …
Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits
Article • December 15, 2024 • from CLN January, 2025
Filed under: Habeas Corpus, Dismissal, Authority and Jurisdiction
Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …
Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause
Article • December 1, 2024 • from CLN December, 2024
Filed under: Eyewitness Testimony, Confrontation Clause/Rights, Confrontation Clause, Sentencing by Videoconferencing
Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause by Sam Rutherford by Sam Rutherford The Supreme Court of Montana held that the presentation of expert witness testimony adverse to the defendant via two-way video conferencing technology during trial violated the defendant’s right to …
Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution
Article • November 1, 2023 • from CLN November, 2023
Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that retroactive application of Montana’s Sexual or Violent Offender Registration Act (“SVORA”), as amended beginning …
New Montana Law Bans Warrantless Facial Recognition Surveillance
Article • September 1, 2023 • from CLN September, 2023
Filed under: Warrantless Searches, Authentication/Identification, EP2P Software, Eyewitness Identification
New Montana Law Bans Warrantless Facial Recognition Surveillance by Jordan Arizmendi by Jordan Arizmendi At the end of June 2023, Montana Governor Greg Gianforte signed a bill, Senate Bill 397 (“SB397”) that will ban warrantless facial recognition surveillance, generally. According to the law, the exceptions that would permit a law …
News in Brief
Article • April 15, 2023 • from CLN May, 2023
Filed under: News in Brief
News in Brief by News in Brief Alabama: It was announced by the Madison County Sheriff’s Office on Feb. 20, 2023, that a police officer in Madison was arrested, accused of sexual misconduct. AL.com and WHNT in northern Alabama reported that the officer, Kevin Walter, 35, was arrested on Feb. …
Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop
Article • January 15, 2023 • from CLN February, 2023
Filed under: Traffic stop, Marijuana - Social Use
Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop by Anthony Accurso by Anthony W. Accurso The Supreme Court of Montana ruled a state trooper impermissibly extended a traffic stop to investigate a drug possession based solely on the odor of marijuana and undeveloped hunches. William …
State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry
Article • December 13, 2022
Filed under: Warrantless Searches, Warrants - Requirements/Scope/Exceptions, Guns - Type of
State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry by Jo Ellen Nott by Jo Ellen Nott On November 29, 2022, Montana Attorney General Austin Knudsen sent a letter to the CEOs of FedEx and …
Bartman v. Slaughter, MT, Complaint, Failure to Protect, 2022
Brief • July 5, 2022
Filed under: Failure to Protect (General), Failure to Protect (Staff)
Bartman v. Slaughter, MT, Complaint, Failure to Protect, 2022 Case 4:22-cv-00063-BMM-JTJ Document 1 Filed 07/05/22 Page 1 of 13 Timothy M. Bechtold BECHTOLD LAW FIRM, PLLC 317 East Spruce Street P.O. Box 7051 Missoula, MT 59807 406-721-1435 tim@bechtoldlaw.net Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT …
Lake v. CoreCivic, Inc.,MT, Complaint, Failure to Protect, 2022
Brief • March 21, 2022
Filed under: Failure to Protect (General)
Lake v. CoreCivic, Inc.,MT, Complaint, Failure to Protect, 2022 Case 4:21-cv-00116-BMM Document 17 Filed 03/21/22 Page 1 of 13 Melinda A. Driscoll FRED LAW FIRM, PLLC 214 N. 24th Street P.O. Box 2157 Billings, MT 59103-2157 (406) 294-8396 (T) (406) 294-8398 (F) mdriscoll@fredlawfirm.com Attorney for Plaintiff IN THE UNITED STATES …
Lake v. CoreCivic, MT, Complaint, Failure to Protect, 2022
Brief • March 21, 2022
Filed under: Corrections Corporation of America/CoreCivic, Failure to Protect (General), Failure to Protect (Staff)
Lake v. CoreCivic, MT, Complaint, Failure to Protect, 2022 Case 4:21-cv-00116-BMM Document 17 Filed 03/21/22 Page 1 of 13 Melinda A. Driscoll FRED LAW FIRM, PLLC 214 N. 24th Street P.O. Box 2157 Billings, MT 59103-2157 (406) 294-8396 (T) (406) 294-8398 (F) mdriscoll@fredlawfirm.com Attorney for Plaintiff IN THE UNITED STATES …
Disability Rights Montana v. Brian M. Gootkin, MT, Settlement Agreement, Cruel and Unusual Punishment,2022
Brief • March 10, 2022
Filed under: Cruel and Unusual Punishment
Disability Rights Montana v. Brian M. Gootkin, MT, Settlement Agreement, Cruel and Unusual Punishment,2022 SETTLEMENT AGREEMENT This settlement agreement (“Agreement”) is entered into this 10th day of March, 2022 (“Effective Date”) between Disability Rights Montana, Inc. (“DRM”), Brian M. Gootkin (“Gootkin”), in his official capacity as the Director of the …
Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof
Article • December 15, 2021 • from CLN January, 2022
Filed under: Ineffective Assistance of Counsel
Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that Kasey Lee Secrease’s trial attorneys were ineffective under both the U.S. and Montana Constitutions for failing …
Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant
Article • December 15, 2021 • from CLN January, 2022
Filed under: Delays in Prosecution of Case
Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant by David Reutter by David M. Reutter The Supreme Court of Montana held that a defendant’s due process rights were violated by the State’s failure to bring …
Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County
Article • November 15, 2021 • from CLN December, 2021
Filed under: Credits
Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that Mark Alan Mendoza was entitled to credit for each day he spent in pre-sentence …
Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement
Article • August 15, 2021 • from CLN September, 2021
Filed under: DNA Evidence, Electronic Communictions Privacy Act
Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement by Casey Bastian by Casey J. Bastian In recent years, law enforcement has realized the enormous potential to solve crimes by using genetic genealogy databases. New laws in Maryland and Montana seek to …
Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy
Article • August 15, 2021 • from CLN September, 2021
Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Montana dismissed with prejudice charges of sexual intercourse without consent and bail jumping, ruling the defendant’s second trial following …
Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock
Article • July 15, 2021 • from CLN August, 2021
Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock by Dale Chappell by Dale Chappell Prisoners get just one year to file a habeas petition in federal court after their direct appeals have been exhausted. Montana prisoners, though, have two avenues to challenge …
Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial
Article • February 15, 2021 • from CLN March, 2021
Filed under: Speedy Trial Clock - Tolling of, Prejudicial Delay
Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that a five-year delay in bringing John Wilson Chambers to trial violated his right to a speedy trial, and the lengthy delay was presumptively prejudicial. In …
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